PEOPLE v. REYNOSO


231 A.D.2d 454 (1996)

647 N.Y.S.2d 208

The People of the State of New York, Respondent, v. Manuel Reynoso, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 19, 1996


Viewing the evidence in the light most favorable to defendant, there is nothing to support a finding that defendant had a reasonable belief that the copper-colored flat-topped bullets that he loaded into the revolver before pointing and firing it at the victim were in fact blanks, and could cause no harm. Defendant's information that the bullets were "blanks" was third hand, and he did not test them or otherwise verify their nature. Such disregard of the possibility that...

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